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Commercial Management Agreement
"I need a Commercial Management Agreement for my retail chain in Hong Kong, where a professional management company will handle operations across 5 stores, including staff management and inventory control, starting from March 2025."
1. Parties: Identifies and defines the contracting parties - typically the business owner and the management company
2. Background: Explains the context and purpose of the agreement, including the business to be managed
3. Definitions and Interpretation: Defines key terms used throughout the agreement and interpretation rules
4. Appointment and Scope: Details the appointment of the manager and scope of management services
5. Term and Renewal: Specifies the duration of the agreement and renewal provisions
6. Manager's Duties and Responsibilities: Comprehensive list of the manager's obligations and responsibilities
7. Client's Duties and Responsibilities: Outlines the obligations of the business owner/client
8. Fees and Payment Terms: Details management fees, payment schedule, and any performance-based compensation
9. Performance Standards: Establishes KPIs and minimum performance requirements
10. Reporting and Accountability: Specifies reporting requirements, frequency, and content
11. Compliance and Regulations: Addresses regulatory compliance requirements and responsibilities
12. Intellectual Property: Covers ownership and usage rights of intellectual property
13. Confidentiality: Details confidentiality obligations and protection of sensitive information
14. Liability and Indemnification: Addresses liability limitations and indemnification provisions
15. Termination: Specifies termination grounds, process, and consequences
16. Dispute Resolution: Outlines dispute resolution procedures and governing law
17. General Provisions: Includes standard boilerplate clauses like notices, amendments, and assignment
1. Staff Management: Include when the manager will be responsible for hiring and managing staff
2. Insurance Requirements: Include when specific insurance coverage needs to be maintained by either party
3. Emergency Procedures: Include for businesses requiring specific emergency response protocols
4. Environmental Compliance: Include for businesses with significant environmental impact considerations
5. Marketing and Promotion: Include when manager is responsible for marketing activities
6. Property Management: Include when physical property management is part of the services
7. Data Protection: Include detailed data protection provisions when handling sensitive customer data
8. Non-Compete: Include when restricting manager's ability to work with competitors
9. Force Majeure: Include detailed force majeure provisions for high-risk or critical operations
1. Schedule 1 - Services Description: Detailed description of management services to be provided
2. Schedule 2 - Fee Structure: Detailed breakdown of fees, including base fees and performance bonuses
3. Schedule 3 - Key Performance Indicators: Specific metrics and targets for performance measurement
4. Schedule 4 - Reporting Templates: Standard formats for required operational and financial reports
5. Schedule 5 - Operating Procedures: Detailed operational procedures and standards
6. Schedule 6 - Key Personnel: List of key management personnel and their roles
7. Schedule 7 - Insurance Requirements: Detailed insurance coverage requirements and minimum limits
8. Appendix A - Power of Attorney: If required, specific powers granted to the manager
9. Appendix B - Compliance Checklist: List of regulatory requirements and compliance obligations
Authors
Applicable Laws
Business
Business Day
Business Hours
Business Plan
Commencement Date
Confidential Information
Contract Year
Effective Date
Emergency
Fees
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Performance Indicators
Key Personnel
Laws
Management Services
Manager
Operating Procedures
Owner
Parties
Performance Standards
Premises
Property
Quarterly Report
Records
Related Companies
Renewal Term
Reports
Services
Service Level Agreement
Service Standards
Staff
Term
Territory
Working Hours
Term and Renewal
Services Scope
Authority and Limitations
Performance Standards
Fees and Payment
Obligations and Duties
Staff and Employment
Compliance
Reporting Requirements
Record Keeping
Intellectual Property
Confidentiality
Data Protection
Insurance
Liability and Indemnification
Force Majeure
Termination
Post-Termination Obligations
Non-Compete
Non-Solicitation
Assignment
Subcontracting
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Counterparts
Real Estate
Hospitality
Retail
Healthcare
Education
Manufacturing
Professional Services
Technology
Entertainment
Logistics
Food and Beverage
Asset Management
Facilities Management
Property Development
Legal
Operations
Finance
Compliance
Risk Management
Business Development
Asset Management
Facilities Management
Contract Administration
Senior Management
Property Management
Chief Executive Officer
Managing Director
Operations Director
General Manager
Facility Manager
Property Manager
Legal Counsel
Contract Manager
Business Development Manager
Finance Director
Compliance Officer
Asset Manager
Regional Manager
Project Manager
Risk Manager
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